Former Attorney General Aiyaz Sayed-Khaiyum (left), and former Supervisor of Elections Mohammed Saneem in court yesterday

The Suva Magistrates Court has ruled that all decisions by former Acting Director of Public Prosecution John Rabuku in relation to the sanctioning of charges or staff appointments is valid in law, as per the earlier decisions of the Suva High Court.

The court was responding to the sanctioning of charges against former Supervisor of Elections Mohammed Saneem and former Attorney General Aiyaz Sayed-Khaiyum.

In the matter, Saneem is charged with receiving a corrupt benefit while Sayed-Khaiyum is charged with abuse of office.

Former Attorney General Aiyaz Sayed-Khaiyum (left), and former Supervisor of Elections Mohammed Saneem in court yesterday

Saneem is alleged to have unlawfully solicited and received a benefit exceeding $50,000 in deductible tax relief on his back pay from a senior government official for personal gain, while serving as Supervisor of Elections between 1st June, 2022 and 31st July, 2022.

Sayed-Khaiyum is alleged to have authorized the government to pay taxes for Saneem without the required approval from the Constitutional Offices Commission and the President.

Magistrate Yogesh Prasad says the Supreme Court only gave an opinion to the Cabinet which has no retrospective legal effect on Rabuku’s earlier decision to sanction charges since he was only in a de facto appointment.

Prasad adds the issue of Rabuku sanctioning the charge has been settled by the decision of the Suva High Court which is bound to be followed by the Suva Magistrates Court.

The court has also ruled that the charges against former Supervisor of Elections Mohammed Saneem and former Attorney General Aiyaz Sayed-Khaiyum will be consolidated for the reason that both allegations are based on similar facts in this matter.

The mention for the reading of the consolidation of charges and pre-trial conference will be held on 22nd January, while a tentative trial date has been set from 26th to 30th of May 2025.